Opinion
November 15, 1985
Appeal from the Supreme Court, Allegany County, Sprague, J.
Present — Hancock, Jr., J.P., Doerr, Green, O'Donnell and Schnepp, JJ.
Order unanimously affirmed, with costs. Memorandum: Defendants Alec Wildenstein, Wildenstein and Co., Inc. and Jet Air, Inc. appeal from an order denying their motions to dismiss plaintiff's complaint for failure to state a cause of action and lack of personal jurisdiction.
We agree with Special Term that the complaint, given every favorable inference (see, Rovello v Orofino Realty Co., 40 N.Y.2d 633; Terry v County of Orleans, 72 A.D.2d 925), sufficiently states a cause of action for breach of contract against defendants Wildenstein and Co., Inc. and Jet Air, Inc. (see, Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275; Romano v Key Bank, 90 A.D.2d 679, 680-681; City of New York v Bettigole, 57 A.D.2d 797, 798). We note that since defendant Alec Wildenstein had not been served, his motion was properly denied as premature. Moreover, at oral argument, counsel acknowledged that defendant Jet Air, Inc. has been properly served.